India follows the Westminster model of parliamentary democracy.
The President is the constitutional and nominal head of state (Executive head), while the Prime Minister is the actual head of government and chief executive.
The PM is responsible to Parliament and exercises executive authority on the advice of the Council of Ministers (Article 53, 74, 75).
Article 85(2) empowers the President to dissolve the Lok Sabha on the advice of the Prime Minister.
This power is exercised on the recommendation of the Council of Ministers, headed by the PM.
The President acts on advice and cannot exercise this power independently.
The 42nd Amendment Act (1976) added three significant words to the Preamble: 'Socialist' (before 'Democratic'), 'Secular' (after 'Sovereign'), and 'Integrity' (after 'Unity').
These additions were made during the Emergency period under PM Indira Gandhi and represented a major constitutional amendment.
Under Article 85(2), the President has the power to dissolve the Lok Sabha on the advice of the Prime Minister.
However, this is a constitutional power exercised on ministerial advice.
The President cannot dissolve the Lok Sabha without PM's recommendation, reflecting parliamentary sovereignty.
Article 32 grants the Supreme Court power to issue all five types of writs: Habeas Corpus (release from unlawful detention), Mandamus (to compel performance of duty), Prohibition (to prevent ultra vires action), Certiorari (to quash orders), and Quo Warranto (to question authority).
These are crucial remedies for enforcing Fundamental Rights.
The 73rd Amendment Act, 1992 (which inserted Article 243E) provides that every Panchayat shall continue for five years from the date of its constitution and shall stand dissolved after the expiry of this period.
Provisions are made for elections to the new Panchayat to be conducted before the dissolution of the old one.
Article 45 of the DPSP directs the State to provide free and compulsory education to all children until they attain 14 years of age.
This was later enforced through the Right to Free and Compulsory Education Act, 2009.
Article 46 deals with advancement of SCs/STs, Article 47 with health, and Article 48 with agriculture.
Article 32 grants the right to move the Supreme Court of India directly for the enforcement of Fundamental Rights.
This is a exclusive remedy available before the Supreme Court.
High Courts have similar powers under Article 226 for enforcement of constitutional rights, but Article 32 specifically vests exclusive jurisdiction in the Supreme Court.
Article 75 provides for the appointment and composition of the Council of Ministers.
It states that the Prime Minister is appointed by the President, and other ministers are appointed by the President on advice of the PM.
The Council of Ministers holds office during the pleasure of the President and is collectively responsible to the Lok Sabha.
Dr. B.R.
Ambedkar called Article 32, which grants the right to move Supreme Court for enforcement of fundamental rights, as 'the soul of the Constitution'.
This article is crucial for protecting fundamental rights through writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.